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Our San Bernardino Lawyer Can Help File a Restraining Order

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A restraining order is or undefined ordered by the court to protect an individual from abuse, harassment, stalking and / or threats. Also called a protective order, a restraining order must be signed by a judge in civil court. There can be serious consequences if the abuser violates a restraining order, including jail time, limited to no child visitation, and fines. Restraining orders in California function identically across the state, so there are no special requirements in San Bernardino. It’s important to understand the basics so that you know under what circumstances they are issued, how to file one, and which type to file.

It is in your best interest to make sure all of the paperwork is done right the first time with the help of a seasoned San Bernardino restraining orders lawyer. At the Law Office of Michael R. Young, our lawyers have over 50 years of collective experience and are well-informed on state laws. We have an A+ rating from the BBB and are AV® rated by Martindale-Hubbell®, an elite attorney rating organization.

To begin a consultation,call (909) 315-4588! We advocate on your behalf and secure the best outcome for you and your loved ones.

The Facts About Restraining Orders

If a restraining order is something you need, it is important to understand the terminology in order to clearly and correctly fill out the required court documents.

First, the “protected person” is the person asking for the restraining order and the abuser is referred to as the “restrained person.” Additionally, restraining orders can include multiple people under its protection, like relatives and others who live with the protected person. Restraining orders can help protect you in various ways. A restraining order can demand that the abuser stop certain conduct (also called a “Personal Conduct Order”), keep a certain distance away from protected persons, schools, or homes (also called a “Stay-Away Order”), and can even force the abuser to move out of a home where a protected person lives (also called an “Exclusion Order”). The three main ways a restraining order can protect you are explained in more detail below and can be accessed on the California Court’s website.

  1. Personal Conduct Orders: This restraining order stops the abuser from acting in a specific way against individuals named as a “protected person” in the restraining order.
     

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Types of Restraining Orders

While the above section explains how a restraining order can protect you, this section will clearly explain which restraining order you should request if you decide to file one with the court. Your individual circumstances will determine which type of restraining order you should ask for, so pay close attention to the descriptions below in order to choose your next step. The types of restraining orders are:

Domestic Violence Restraining Order

You can ask for a domestic violence restraining order if someone has abused you AND you either have a close relationship with that person or you are closely related by blood or marriage. It is important to note that “abuse” can mean different things to the court. You do not have to be physically hit to be abused, and you can ask for a restraining order if you have been abused verbally, emotionally, or psychologically. It is also important to identify your relationship to the abuser when asking for a restraining order.

Per the California Courts website, a “close relationship” means:

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